Filipino Lawyer: Guardianship for Property and Personal Care

You can communicate with our Filipino Estate lawyer if you have issues with guardianship. A person can become the subject of guardianship regardless if he or she is of limited means or if he or she has a substantial estate. If a substantial estate is involved, relatives may be engaging in a bitter rivalry and instead of using continuing power of attorney, the relatives may be debating who should become the guardian and have complete custody of the estate. It is important to determine if an individual has an intellectual disability, whether he or she lacks the capacity to decide regarding financial or personal care matters.

The problems of guardianship and capacity also lie at the center of conflicts over wills and estate cases. Generally, these problems will either include an individual who wishes to be appointed a guardian for someone who they believe is unable to make financial, property, or personal care decisions, or will include efforts to remove an individual who is already in the position of guardianship.

3 Ways a person may have been appointed as a guardian:

1. If there is a dispute between many parties who are expected to serve together as lawyers. This can lead to impasses and delays in making decisions that have to be taken on behalf of the incompetent individual. A request for competition guardianship can arise.
2. If an ability assessor decides that the individual lacks capacity, the Office of the Public Guardian and Trustee can automatically become the statutory guardian of the individual. An assessor may be employed by someone who is concerned about the benefit of the incapable/vulnerable individual. To have the abusive person replaced as guardian of property, a relative concerned can apply.
3. If that person has a property or personal care attorney, and the attorney is mismanaging the property or finances of the incompetent person. In order to remove the abusive attorney and to become a guardian of the incompetent individual, the party concerned can apply to the Court.

3 Ways a person may have been appointed as a guardian:

1. If there is a dispute between many parties who are expected to serve together as lawyers. This can lead to impasses and delays in making decisions that have to be taken on behalf of the incompetent individual. A request for competition guardianship can arise.
2. If an ability assessor decides that the individual lacks capacity, the Office of the Public Guardian and Trustee can automatically become the statutory guardian of the individual. An assessor may be employed by someone who is concerned about the benefit of the incapable/vulnerable individual. To have the abusive person replaced as guardian of property, a relative concerned can apply.
3. If that person has a property or personal care attorney, and the attorney is mismanaging the property or finances of the incompetent person. In order to remove the abusive attorney and to become a guardian of the incompetent individual, the party concerned can apply to the Court.

Under the Ontario Substitute Decisions Act, there are two forms of guardianship:

1. Guardian for Property. This individual makes decisions concerning the property of the incapable person. In one of two forms, a guardian for property may be appointed as:
1. Statutory guardianship in compliance with s. 15 of the Substitute Decisions Act. Under the Mental Health Act, the Office of the Public Guardian and Trustee becomes the formal guardian of property of the person if a certificate is given under the Mental Health Act that a person is unable to handle property in a psychiatric hospital.
2. Appointment of a guardian of property by the court under s. 22 of the Substitute Decisions Act. This procedure includes the filing of a Notice of Application, proof that the individual is incapable and a comprehensive management plan setting out how the proposed guardian plans to handle the incapable person’s property.

2. Guardian for Personal Care. This form of guardian is allowed to make choices about the personal treatment of the incompetent person. These include making decisions concerning the health care, education, shelter, clothes, and/or safety of the incapable person.

Our skilled and competent Filipino estate lawyer will assist you with any and all issues pertaining to guardianship. We give initial consultations free of charge and we will do our best to ensure that you can access the legal advice you need easily.

Get in touch with our Angeles & de Jesus Law LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer. We would be pleased to serve your legal needs.

Under the Ontario Substitute Decisions Act, there are two forms of guardianship:

1. Guardian for Property. This individual makes decisions concerning the property of the incapable person. In one of two forms, a guardian for property may be appointed as:
1. Statutory guardianship in compliance with s. 15 of the Substitute Decisions Act. Under the Mental Health Act, the Office of the Public Guardian and Trustee becomes the formal guardian of property of the person if a certificate is given under the Mental Health Act that a person is unable to handle property in a psychiatric hospital.
2. Appointment of a guardian of property by the court under s. 22 of the Substitute Decisions Act. This procedure includes the filing of a Notice of Application, proof that the individual is incapable and a comprehensive management plan setting out how the proposed guardian plans to handle the incapable person’s property.

2. Guardian for Personal Care. This form of guardian is allowed to make choices about the personal treatment of the incompetent person. These include making decisions concerning the health care, education, shelter, clothes, and/or safety of the incapable person.

Our skilled and competent Filipino estate lawyer will assist you with any and all issues pertaining to guardianship. We give initial consultations free of charge and we will do our best to ensure that you can access the legal advice you need easily.

Get in touch with our Angeles & de Jesus Law LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer. We would be pleased to serve your legal needs.